Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Madagascar (Ratification: 1960)

The Committee notes the report of the Government and the entry into force of Act No. 94-029 issuing the Labour Code in 1994. It recalls that its previous observations related to the following points:

1. The right of workers, without distinction whatsoever, including seafarers, to establish and join organizations. The Committee takes due note that the Government specifies in its report that the Christian Federation of Seafarers of Madagascar (FECMAMA), affiliated to the trade union SEKRIMA, effectively represents seafarers. However, the Committee again asks the Government to provide in its next report the text currently in force of the Merchant Shipping Code, since the new Labour Code continues to exclude workers governed by the Merchant Shipping Code (section 1 in fine of the Labour Code).

2. Requisitioning of persons. Recalling that the conditions giving rise to the right to requisition persons set out in Act No. 69-15 of 15 December 1969 are too broad to be compatible with the principles of freedom of association, the Committee notes that the provisions of the above Act have not been amended by the new Labour Code. The Committee again asks the Government to contemplate amending its legislation, particularly sections 20 and 21 of Act No. 69-15, so that it authorizes the Minister to resort to this procedure only to end a strike in essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population, or in the case of public servants exercising authority in the name of the State or in the event of an acute national crisis. The Committee asks the Government to keep it informed of the measures taken or envisaged in this matter.

The Committee is also addressing a direct request to the Government.